Malegaon case: SC seeks reply of Maha govt, NIA on Purohit's plea

The court had said that charges will be framed against Thakur, Purohit, Sudhakar Dwivedi, Major (rtd) Ramesh Upadhyay, Sameer Kulkarni, Sudhakar Chaturvedi and Ajay Rahirkar.

BCCL
A bench of Justices R K Agrawal and A M Sapre sought the reply of the state government and the NIA within four weeks.
NEW DELHI: Lt Col Shrikant Purohit, who is facing trial in the 2008 Malegaon blasts case, moved the Supreme Court on Monday seeking a stay on the proceedings citing a procedural issue: no valid sanction was taken under the Unlawful Activities Prevention Act before the start of the trial.

On his plea, a bench comprising Justices RK Agrawal and Abhay Manohar Sapre issued notices to the Maharashtra government and the National Investigation Agency. They will have to respond within four weeks. The sanction obtained for the trail under the 1967 law was not valid in the absence of an authority to review that decision, his petition said. A review authority was created subsequently, the petition filed by lawyer Neela Gokhale said.

The Bombay High Court had on December 18, 2017, turned down his plea to stay the trial.


On December 27, 2017, a special NIA court framed charges against all the accused in the case. Purohit, Sadhvi Pragya Singh Thakur and six others are facing charges under several sections of the tough anti-terror law, UAPA, and other acts such as the Arms and Explosives Act. Purohit is currently out on bail.

The accused have, however, been discharged under the Maharashtra Control of Organised Crime Act and some provisions of the UAPA.
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